Terms and Conditions
Ampco Pumps Company
Page 25
17. PROVISIONS FOR INTERNATIONAL TRANSACTIONS
. The following provisions shall apply if the Products are to be shipped to
Purchaser at a location outside the United States, and apply regardless of other provisions set forth in these Terms and Conditions:
(a) The 1980 United Nations Convention on Contracts for the International Sale of Products shall not apply.
(b) Except as otherwise provided expressly stated in the agreement, terms of delivery are Ex-Works (within the meaning of
INCOTERMS 2000) and all customs fees, import duties, cargo insurance, taxes and other charges imposed on or relating to the purchase or sale
of the Products shall be paid by Purchaser in addition to the stated price.
(c) Except as otherwise provided expressly stated elsewhere in the agreement, payment shall be made by issuance to Seller of an
irrevocable letter of credit which (i) is issued and confirmed by a U.S. bank acceptable to Seller, (ii) is governed by the Uniform Customs and
Practice for Documentary Credits (UCP 600) and otherwise acceptable in form and substance to Seller, and (iii) provides for payment to Seller
of the purchase price in U.S. dollars upon presentation by Seller of Seller’s certification and/or such other documents as shall be required by the
letter of credit. All banking and other charges for such letter of credit shall be for the account of Purchaser.
(d) Prices include Seller’s standard commercial export packaging which may vary depending on whether shipment is made by air,
land or sea. Except as otherwise provided expressly stated in the agreement, Purchaser will bear any additional expenses required to satisfy
Purchaser’s packaging requirements. Packages will be marked in accordance with Purchaser’s instructions, if any. Seller shall furnish packing
lists and such other information as may be necessary to enable Purchaser’s agent to prepare documents required for export shipment.
(e) All shipments hereunder are subject to compliance with the U.S. Export Administration Act, as amended, regulations thereunder
and all other U.S. laws and regulations concerning exports. Purchaser shall comply with all such laws and regulations concerning the use,
disposition, re-export and sale of the Products provided hereunder.
18. GENERAL
. No modification or waiver of the agreement or any of its provisions is valid unless expressly agreed to by Seller in writing,
and no waiver by Seller of any default under the agreement is a waiver of any other or subsequent default. The unenforceability or invalidity of
one or more of the provisions of the agreement will not affect the enforceability or validity of any other provision of the agreement. Purchaser
may not assign any of its rights, duties or obligations under the agreement without Seller’s prior written consent and any attempted assignment
without such consent, even if by operation of law, will be void. The agreement is governed by and shall be construed in accordance with the
laws of the State of Wisconsin, including the Uniform Commercial Code as enacted by such state, without giving effect to its conflict of laws
principles.
Ampco Pumps Company AC+ Dry Blender Manual M-028 Rev C 12.20
